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Article

28 Nov 2016

Author:
Grzegorz Piskalski, Bartłomiej Kozek, Institute for Sustainable Public Procurement

Poland: NGO reflects in blog how public procurement can integrate Human Rights due diligence

...The economic conditions for the provision of private security and cleaning services to the public sector eventually have become unbearable, not only for workers, but also for their employers, as their profit margins have sunk to levels too low to allow them to survive in such a market. Amendments to the Public Procurement Law have been passed this year. Under the new legislation, public procurers must now use criteria other than the lowest price and demand fixed contracts of subcontractors’ employees, not “junk jobs”. These changes sparked enormous controversy amongst public buyers, who have traditionally not felt responsible for their contracted workers, but also because they lack the legal tools to implement such regulations, for instance, in terms of controlling the contract conditions offered to workers by contractors. In addition, GIODO the public watchdog tasked with protecting personal data, stated in its latest opinion that demanding work contracts from subcontractors employees breaches privacy laws. Such an opinion further complicates the already fragile situation regarding the promotion of social clauses in Poland...